Arizona Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Arizona or Court of Appeals of Arizona where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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McDaniel v. Troy Design Services Co. - 3/19/1996
TOCI, Judge
Troy Design Services Company ("Troy Design") appeals from the trial court's entry of summary judgment against it. The trial court concluded that Troy Design's employee, Rhett Schaller, was a "lent employee" under...
California Casualty Insurance Co. v. State Farm Mutual Automobile Insurance Co. - 2/27/1996
Opinion
SULT, Judge
Excess liability insurance carrier State Farm Mutual Automobile Insurance Company ("State Farm") appeals from summary judgment declaring that primary carrier California Casualty Insurance Company...
Prince v. City of Apache Junction - 2/15/1996
PELANDER, Judge. This is a personal injury action against the City of Apache Junction. The issues are whether the city can claim immunity under Arizona's recreational use statute, A.R.S. § 33-1551 (1993), and, if so, whether that...
Matter of Plotkin - 12/27/1995
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court...
State v. Jackson - 12/19/1995
LANKFORD, Judge
In this case, we hold that the procedures for forfeiture of a bail bond are governed by Arizona Rule of Criminal Procedure ("Ariz. R. Crim. P.") 7.6(d ) and not by Ariz. Rev. Stat. Ann. ("A.R.S.") section ...
Hafner v. Beck - 11/9/1995
PELANDER, Judge.
This case presents an issue of first impression in Arizona: whether a health care provider who performs an independent medical examination (IME) on a workers' compensation claimant at the carrier's request can be...
Dugan v. American Express Travel Related Services Co. - 9/5/1995
EHRLICH, Judge
Sarah Dugan's husband, Joseph Dugan, and the Dugans' four adult children (collectively, "plaintiffs") appeal from the summary judgment in favor of American Express Travel Related Services Company, Inc. ("TRS") and...
Soto v. Brinkerhoff - 8/31/1995
DRUKE, Chief Judge.
A jury awarded appellant Edelia Soto $431,441 on her medical malpractice claim against appellees Dr. Troy Brinkerhoff and Dr. Nick Morrison, apportioning fault as follows: 20 percent to Soto, 25 percent to...
Ulibarri v. Superior Court - 8/22/1995
NOYES, Presiding Judge
In 1990, Patricia Ulibarri sued her former psychiatrist, Dr. Dean Gerstenberger, for medical malpractice, alleging that in 1983 and 1984 he hypnotized her and then subjected her to nonconsensual sexual...
Estate of Ruben A. Hernandez v. Flavio - 8/10/1995
LIVERMORE, Presiding Judge.
Ruben Hernandez was seriously injured and ultimately died as a result of an automobile accident that was allegedly the fault of an underage intoxicated driver who was a member of and had been drinking...
Natseway v. City of Tempe - 8/8/1995
KLEINSCHMIDT, Presiding Judge
During the early morning hours of a day in October 1992, a Mesa police officer became suspicious of a car travelling east on Broadway Road in Mesa. He began following the car, and after observing two...
Gau v. Smitty''s Super Valu Inc. - 8/3/1995
FIDEL, Judge
This appeal arises from Smitty's detention, on suspicion of shoplifting, of Yan Gau accompanied by Miau Yu, her four-year-old son. Smitty's appeals from a jury verdict in favor of Yan Gau and Miau Yu on their false...
Matter of Appeal in Pima County Juvenile Severance Action No. S-120171 - 6/30/1995
Opinion
DRUKE, Chief Judge.
The Arizona Department of Economic Security (DES) sought to sever the parental rights of both the father and mother of A. and T. on numerous grounds, including chronic abuse of alcohol,...
Rudolph v. Arizona B.A.S.S. Federation Aka Arizona Bass Angler''s Sportsmen Society Chapter Federation Inc. - 6/29/1995
WEISBERG, Judge
Plaintiffs appeal the trial court's granting of defendants' motion for summary judgment in a negligence action. Because we disagree with the trial court's Conclusion that defendants owed no duty to plaintiffs'...
Gust - 6/22/1995
En Banc
MOELLER, Vice Chief Justice
STATEMENT OF THE CASE
This is a breach of contract action arising out of a written lease for space in the building formerly known as the Valley Bank Center in Phoenix. Plaintiff law...
State v. Clinton - 2/14/1995
NOYES, Judge
The question is whether a trial court can deny restitution because the victim was partially at fault for her own injuries. The answer is no.
The victim, Renee Ortiz ("Ortiz"), and Defendant-Appellee, Jeremy...
Wareing v. Falk - 2/9/1995
TOCI, Judge
This appeal presents one issue: under Arizona's Uniform Contribution Among Tortfeasors Act ("UCATA"), may a defendant who has engaged in wilful or wanton misconduct receive the benefit of comparative fault principles,...
Dunn v. Maras - 2/2/1995
FIDEL, Judge
A juror learned outside of court that plaintiffs had settled this medical malpractice suit with a hospital before proceeding to trial against the defendant physicians alone. The trial court had ruled in limine that...
Smith v. Myers - 12/29/1994
ZLAKET, Justice.
This case requires us to rule on the constitutionality of Arizona's periodic payment statutes, A.R.S. §§ 12-581 to -594. Plaintiffs (real parties in interest) filed a wrongful death action alleging medical...
Fairness and Accountability v. Greene - 12/15/1994
En Banc
SPECIAL ACTION
FELDMAN, Chief Justice
A group styled Fairness and Accountability in Insurance Reform ("FAIR") brought this original proceeding for special action relief against the Arizona Legislative Council...
Gasiorowski v. Hose - 12/15/1994
FIDEL, Judge
On the morning of April 1, 1988, defendant Aron Hose, M.D., an anesthesiologist on call at Thunderbird Samaritan Hospital, administered an epidural anesthetic to plaintiff Veronica Gasiorowski, a twenty-two year old...
Mancillas v. Arizona Property and Casualty Insurance Guaranty Fund - 12/15/1994
TOCI, Judge
Plaintiff was one of seven people injured in an automobile accident by a tortfeasor with the statutory minimum uninsured motorist coverage. Apportionment of the tortfeasor's liability policy limits among the injured...
State v. University Physicians Inc. - 12/13/1994
VOSS, Judge
This appeal arises out of the trial court's finding that the liability insurance coverage provided by Arizona Revised Statutes Annotated ("A.R.S.") section 41-621 (Supp. 1993) is not "occurrence coverage" as that...
Matter of Retter - 12/2/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court...
Owens v. City of Phoenix - 11/15/1994
JACOBSON, Judge
The main issue presented by this appeal is when a cause of action accrues, for the purpose of commencing the running of statutes of limitations, in a suit seeking city relocation assistance and payments after the...
Hernandez-Gomez v. Leonardo - 11/1/1994
FELDMAN, Chief Justice
The court of appeals denied special action relief in this case and we granted review to consider an issue of first impression in this state: Does the National Traffic and Motor Vehicle Safety Act (the...
Matter of Secrist - 9/23/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court...
Goss v. City of Globe - 9/22/1994
ESPINOSA, Presiding Judge.
Brian Goss fell off of a low wall into a drainage ditch, was rendered quadriplegic, and allegedly died because of respiratory complications related to the paralysis. His wife brought a wrongful death...
Taylor v. State Farm Mutual Automobile Insurance Co. - 9/22/1994
VOSS, Judge
This appeal and cross-appeal stem from the judgments of the trial court in a bad-faith action brought by Appellant Bobby Sid Taylor ("Taylor"), against Appellee State Farm Mutual Automobile Insurance Company ("State...
Davis v. Cessna Aircraft Corp. - 9/20/1994
TOCI, Judge
Shortly after departure from the Sedona airport, a Cessna T210 airplane collided with unmarked power lines over Interstate Highway 17 ("I-17") near Camp Verde, Arizona. The crash killed the pilot, Marlin E. Davis,...
Thoracic Cardiovascular Associates v. St. Paul Fire and Marine Insurance Co. - 9/13/1994
TOCI, Judge
Thoracic Cardiovascular Associates, Ltd. and Thomas J. Trahan (collectively, "Thoracic") sued St. Paul Fire and Marine Insurance Company ("St. Paul") seeking a declaratory judgment requiring St. Paul to provide...
Alaface v. National Investment Co. - 9/1/1994
GRANT, Presiding Judge
This appeal concerns an action to recover damages that allegedly resulted from misrepresentations made in the sale of a subdivision lot. We hold that (1) appellants' consumer fraud claim is barred by the...
Knoell v. Cerkvenik-Anderson Travel Inc. - 6/30/1994
VOSS, Judge
FACTS AND PROCEDURAL HISTORY
Cerkvenik-Anderson Travel, Incorporated ("Cerkvenik") is a travel agency headquartered in Phoenix. It arranges, promotes, and hosts tours to Mexico for recent high school graduates....
Matter of Shannon - 6/21/1994
CORCORAN, Justice
On February 5, 1990, the State Bar of Arizona filed a formal complaint with a Hearing Committee (Committee) charging Respondent John Adair Shannon, Jr. with two counts of unethical conduct in which Respondent...
Thurston v. Q Judges /Q '' Retirement Plan - 6/16/1994
MOELLER, Vice Chief Justice
STATEMENT OF THE CASE
Petitioner Erna A. Thurston asks this court to review a court of appeals' opinion reversing summary judgment in her favor. The court of appeals held that Mrs. Thurston is...
Stallings v. Spring Meadows Apartment Complex Limited Partnership - 6/16/1994
CONTRERAS, Judge
David L. Stallings and Barbara J. Stallings ("Stallings") appeal the superior court's dismissal of their personal injury lawsuit in response to defendant's argument that the complaint, filed after defendant's...
Rustin v. Industrial Commission - 6/7/1994
WEISBERG, Judge
In this special action, petitioner Dawn Rustin ("claimant") seeks to set aside an award of the Industrial Commission of Arizona ("commission") which found that claimant had suffered no loss of earning capacity as...
Matter of Conservatorship of Fallers - 5/31/1994
VOSS, Judge
This appeal is from the probate court's judgment establishing Appellant Bert L. Roos's attorney's fees for his representation of four minors in a wrongful death action, and from the denial of his Motion for New Trial....
Matter of Augenstein - 3/24/1994
CORCORAN, Justice
On October 16, 1992, the Disciplinary Commission of the Supreme Court of Arizona (Commission) issued its report recommending that Steven Todd Augenstein (respondent) be suspended from the practice of law for 2...
Karber/Interstate Air v. Industrial Commission - 3/17/1994
TOCI, Judge
The employer, Karber/Interstate Air, and carrier, Argonaut Insurance Company ("Argonaut"), bring this special action review of an Industrial Commission award. Robert Nixon ("claimant") tripped on an expansion strip in...
Matter of Kobashi - 3/8/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court...
Hart v. Industrial Commission - 3/1/1994
NOYES, Judge
We are asked to set aside an Industrial Commission award that dismissed as untimely the request for hearing filed by Petitioners, an uninsured employer. Three questions are presented:
1. Is Arizona Revised...
In re A Member of State Bar of Arizona - 2/9/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal having been filed before the Court,
IT...
Matter of King - 2/4/1994
Order
Applicant Reed Warren King, having established to the satisfaction of the Disciplinary Commission and this Court that he is qualified for reinstatement to active bar membership; now therefore, pursuant to Rule 72 of the...
Matter of Augenstein - 2/3/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal having been filed before the Court,
IT...
Gibbs v. O''Malley Lumber Co. - 2/1/1994
NOYES, Judge
Appellants O'Malley Lumber Co. (O'Malley) and Olympia Tools, Inc. (Olympia) appeal from a 1.35 million dollar jury verdict in favor of Appellees Gibbs in this product liability case. We have jurisdiction pursuant to...
Callender v. Transpacific Hotel Corp. - 12/30/1993
ESPINOSA, Presiding Judge.
Plaintiffs/appellants John Scott Callender and Marilyn Wolfsen appeal from an adverse jury verdict in their negligence action against defendant/appellee Transpacific Hotel Corporation, and the trial...
Bayless v. Industrial Commission - 12/23/1993
CONTRERAS, Judge
This is a review of an Arizona Industrial Commission award and decision upon review reopening a 1986 back injury claim based upon findings that subjective complaints had worsened, were related to the industrial...
Perez v. Southern Pacific Transportation Co. - 12/21/1993
FERNANDEZ, Judge.
This appeal and cross-appeal arise from a judgment entered, following a trial to the court, in favor of appellee/cross-appellant Robert M. Perez, as personal representative of Anne M. Perez, on his claim for...
Matter of Lenaburg - 12/13/1993
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal having been filed before the Court,
IT...
Piper v. Bear Medical Systems - 11/18/1993
Bear Medical Systems, Inc. ("Bear") appeals from the judgment following a jury trial in a products liability action brought by Fred Piper, individually and as personal representative of the estate of Ila Piper. We hold in this...
Samaritan Foundation v. Goodfarb - 11/16/1993
This case requires us to define the nature and scope of the corporate attorney-client privilege. We necessarily examine the nature of the communication and the communicator. In the process, we reject the control group test as being...
Matter of Carrasco - 11/12/1993
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the...
Garcia v. Arizona State Department of Revenue - 11/12/1993
KLEINSCHMIDT, Judge
These consolidated appeals concern attempts by Taxpayers to recover an overpayment of taxes for 1987 on four contiguous parcels of land in Pima County. The Taxpayers' appeal in Pima County Superior Court Cause...
In re Marriage of Hess - 11/4/1993
GRANT, Judge
In this appeal we must determine whether the parties' antenuptial agreement is valid. We conclude that it is not and therefore reverse the judgment of the trial court and remand for further proceedings.
FACTS...
Hester v. Industrial Commission - 9/28/1993
WEISBERG, Judge
This is a review of an Arizona Industrial Commission ("commission") award denying permanent partial disability benefits for a November 1979 industrial knee injury because a March 1979 industrial back injury had...
S & R Properties v. Maricopa County - 9/28/1993
TOCI, Judge
The taxpayers brought separate special actions in the tax court, claiming that each taxpayer's property had been misclassified, and that as a result, each had paid excessive real property taxes for the years 1985...
Broadbent v. Broadbent - 9/7/1993
CONTRERAS, Presiding Judge
In this appeal, we are presented the question of whether a mother whose child nearly drowns when she negligently fails to supervise him is immune from common law liability for his injuries under the...
Matter of Estates of Woodty - 9/7/1993
The trial court approved settlement of minors' claims for their mother's wrongful death. The settling defendant later sought
by reformation to enlarge the trial court's order to include among those released from liability...
Neil v. Kavena - 8/31/1993
The sole issue in this appeal is whether a non-settling defendant in a medical malpractice action, who is severally liable, is entitled to a credit of the amount received by the plaintiffs in settlement of a related action for the...
Copeland v. Arizona Veterans Memorial Coliseum and Exposition Center - 8/31/1993
Robert Copeland (plaintiff) appeals from the trial court's order dismissing his action pursuant to Uniform Rule V(e), Uniform Rules of Practice for the Superior Court of Arizona. He claims the trial court abused its discretion (1) by...
Gomez v. Maricopa County - 8/10/1993
Elsie Gomez filed suit against Maricopa County on behalf of herself and her two minor children for the wrongful death of Victor Gomez, her husband and the children's father. The issue presented is whether a release agreement,...
State v. Huerta - 6/24/1993
FACTS
Defendant was charged with two counts of child molestation. The two counts involved separate incidents with different victims. During jury selection, the court asked the jury panel whether any of them would...
Arizona Division of Occupational Safety and Health v. Superior Court - 6/17/1993
Petitioners Arizona Division of Occupational Safety and Health (ADOSH) and its employees Darin Perkins and Marshall Krotenberg seek review of the trial court's order enforcing subpoenas issued by the Phoenix Civil Service Board...
Matter of Riddle - 6/17/1993
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the...
Southern Pacific Transportation Co. v. Yarnell - 5/27/1993
Opinion
In this special action, the petitioner railroad seeks relief from a superior court order compelling the railroad to produce documents which it contends are privileged.
We accepted jurisdiction and granted...
Ulibarri v. Gerstenberger - 5/20/1993
GRANT, Presiding Judge
This is an appeal from summary judgment entered against the plaintiff, Patricia Ann Ulibarri, on the grounds that her action was barred by the statute of limitations. The defendant's motion for summary...
Tartaglia v. Industrial Commission - 3/9/1993
Opinion
Petitioner/employee Pete Tartaglia seeks review of the Administrative Law Judge's (ALJ) decision that he had not been incapacitated for a period of time sufficient to meet the threshold requirement of A.R.S. § ...
Joplin v. Industrial Commission - 3/2/1993
This is a special action review of an industrial commission award denying compensation for a nonindustrial auto accident occurring when petitioner employee ("claimant") was returning home from treatment for his industrial injury....
Lohse v. Faulkner - 12/29/1992
This case arises from a forest fire that originated in the Kaibab National Forest and spread to adjoining land. Plaintiffs are neighboring landowners whose property was damaged or destroyed by the fire. Plaintiffs seek damages,...
State v. Superior Court - 12/22/1992
FIDEL, Chief Judge
In a forfeiture proceeding, must a claim be personally verified by the claimant, or may it be verified by counsel or another person familiar with the facts? That question is presented in this special action,...
Ohliger v. Carondelet St. Mary ''S Hospital & Health Center - 11/30/1992
LIVERMORE, Chief Judge.
Plaintiff Irma Ohliger was the victim of medical malpractice at St. Mary's Hospital when a sponge was left in her body during an operation to remove polyps from her colon. Her son, a New Jersey lawyer,...
State v. Blanton - 11/5/1992
Appellant/defendant James L. Blanton (appellant) contends that the trial court abused its discretion by ordering restitution to the insurance carrier that settled a wrongful death action arising from the criminal conduct of appellant...
Ocotillo West Joint Venture v. Superior Court - 11/3/1992
VOSS, Judge
In this special action, the petitioners seek review of the trial court's order striking their notice of nonparty at fault. We previously entered an order accepting jurisdiction and granting relief with an opinion to...
Matter of Gottesman - 8/20/1992
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal having been filed before the Court,
IT...
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